Administrative Policy #3.06 - Drug-Free Workplace

Purpose

The City of Corvallis is committed to maintaining a safe, drug-free workplace and a safe, healthy work environment free of drug and alcohol abuse. Substance abuse impairs employees' performance and physical and mental health. This Policy establishes procedures to maintain a drug-free workplace and a work environment free of drug use and alcohol abuse that complies with all Federal and State requirements relating to a Drug- and Alcohol-Free Workplace.

Scope

This Policy applies to all City departments. Portions of this policy may apply only to employees in Department of Transportation (DOT) covered positions under the Federal Motor Carrier Safety Administration (FMCSA) and/or the Federal Transit Administration (FTA).

Policy

City employees are expected and required to report to work in an appropriate mental and physical condition to perform their duties in a safe, effective, and efficient manner. No employee shall report to work or engage in work while having the presence of alcohol, illegal drugs, marijuana, or any other disabling or controlled substance in their system. It shall be a violation of this Policy to manufacture, distribute, sell or attempt to sell, possess, use, or be under the influence of alcohol, illegal drugs, marijuana, or any other disabling or controlled substance which may impair the ability of the employee to perform required tasks while on City of Corvallis premises, driving City vehicles, and/or on City of Corvallis time. It is also a violation of this Policy for employees to use any medication which may interfere with the safe and effective performance of duties. Compliance with this Policy is a condition of employment; any violation of this Policy may subject an employee to discipline, up to and including termination.

The City recognizes drug and alcohol dependency as an illness and a major health problem. The City also recognizes illegal drug use and excessive use of legal drugs and alcohol as a threat to the public welfare and the health, safety, and productivity of City employees. Employees needing help to deal with drug or alcohol dependency are encouraged to use the Employee Assistance Program and health insurance plans as appropriate. It is the desire of the City to help such employees, while at the same time ensuring that they will not endanger themselves, their fellow employees, or the public.

Employees taking prescription or over-the-counter medication that may impede or otherwise affect their ability to safely and efficiently perform job assignments must report the medication and the potential effects of the medication to their supervisor or Department Director prior to beginning work. It is the employee’s responsibility to determine from their health care professional whether a prescription or over-the-counter medication could affect their ability to safely and effectively perform job duties. Medical verification of the ability to safely perform job duties may be required before the employee is allowed to continue the work assignment. Marijuana use is expressly prohibited under this Policy, even if its medical use is authorized under State law. Although the lawful use of prescription drugs or over-the-counter medications is not grounds for disciplinary action by itself, if the employee fails to report this use of medication and is determined to be impaired, the employee will be subject to the same discipline as any other employee who comes to work impaired. Employee use of prescription medication that is not prescribed to the employee, or is taken at levels that exceed the prescribed amount, is prohibited and is a violation of this Policy and possibly a criminal act under Oregon law.

Employees must promptly report a physically or mentally impaired or incapacitated employee to the reporting employee's supervisor and request assistance in implementing this Policy. The supervisor will notify the Department Director.

Employees must, as a condition of employment, report any arrest or conviction for illegal drug- or alcohol-related activity on or off duty. A report of an arrest or conviction must be made by the employee to their supervisor immediately upon returning to work after they are arrested or notified of the conviction. A protective services employee (Police or Fire) must notify their supervisor before reporting for duty. In deciding what action will be taken, the City will consider the nature of the charges, as well as the employee's job, probationary status, and assignment. The City will also consider other factors relative to the impact that an arrest has upon the conduct of City business and/or its reputation or upon the employee’s ability to successfully perform their job duties. The City may take disciplinary action up to and including termination. Once a verifiable conviction is reported, if applicable, the City will notify the Federal contracting or granting agency within ten days of learning of the conviction.

Right to Inspection

When the City has reasonable grounds to believe an employee is in improper possession of drugs or open alcohol containers on City property, the City reserves the right to search, without consent, all areas and property over which the City maintains joint or full control. Refusal to submit to such an inspection will be considered insubordination and grounds for discipline, up to and including termination. The City reserves the right to search City property (i.e. desks, file cabinets, lockers) at any time, including when this Policy is violated.

For safety-sensitive positions, post-job-offer pre-employment drug testing shall be conducted for the successful candidate as a condition of employment. Such testing shall also be required when employees transfer into a safety-sensitive position. Safety sensitive positions are listed in Appendix A.

The City may require an employee to undergo fitness-for-duty testing for reasonable suspicion, based upon observations by one or more trained supervisors of that employee's appearance; unusual, erratic, or aggressive behavior; speech; breath odor; body odor; body symptoms; or other observable indicators. The supervisor's observations will be written as soon as reasonable after the tests are conducted. Testing records, results, and rehabilitation records are confidential and will be released only to authorized representatives of the City and will be released on a need to know basis and in accordance with applicable State and Federal law.

Covered Positions Under the Federal Department of Transportation

This policy complies with 49 CFR Parts 40, 382, and 655, as amended. Copies of Parts 40, 382, and 655 are available in Human Resources and can also be found on the internet:

Federal Department of Transportation (DOT) regulations under the Federal Motor Carriers Safety Administration (FMCSA) and the Federal Transit Administration (FTA) require the City to test covered employees as defined by the DOT for prohibited drug use and alcohol misuse. Participation in the City’s DOT drug and alcohol testing program is a condition of employment for all DOT-covered employees. A DOT-covered employee who refuses to submit to a drug or alcohol test as defined by the DOT will be treated as if the employee had received a positive test result. Any DOT-covered employee who tests positive for drugs or alcohol or refuses to test is in violation of this policy and will be referred to a Substance Abuse Professional (SAP) and may be subject to discipline, up to and including termination.

FTA regulation 49 CFR part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” prohibits the use and ingestion of prohibited drugs at all times. Per FMCSA regulation 49 CFR 382, the City shall not permit drivers to perform or continue to perform safety sensitive functions if the City has actual knowledge that a driver has used a controlled substance.

All DOT-covered employees are prohibited from reporting for duty or remaining on duty any time there is a quantifiable presence of a prohibited drug in the body at or above the minimum thresholds defined in Part 40. Prohibited drugs include:

Marijuana
Cocaine
Phencyclidine (PCP)
Opioids
Amphetamines

DOT-covered employees must not consume alcohol while performing a safety-sensitive function and must not consume alcohol four hours prior to performing a safety-sensitive function and up to eight hours following an accident or until the employee undergoes a post-accident drug and/or alcohol test, whichever occurs first. DOT-covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.

Per FTA guidelines, following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties for at least eight hours unless a re-test results in the employee’s alcohol concentration being less than 0.02.
Per FMCSA guidelines, following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following administration of the test.

Following a positive drug or alcohol (BAC at or above .04) test result or test refusal, the employee will be immediately removed from safety-sensitive duties and referred to an SAP. Such employee may be subject to discipline up to and including termination.

An employee who fails to comply with the SAP recommendations or rehabilitative treatment, outpatient counseling, or the City’s signed Return-to-Work Agreement, which has been completed by both parties, shall be subject to discipline, up to and including termination. An employee must enter into a Return-to-Work Agreement whenever they have a positive test result. The Return-to-Work Agreement is a statement of the circumstances by which the employee may maintain employment with the City.

All DOT-covered employees receive training regarding the effects and consequences of substance abuse on personal health and safety and the work environment. Training is provided regarding the manifestations and behavioral cues indicating substance abuse. Supervisors and managers who are responsible for determining when it is appropriate to administer reasonable suspicion drug and/or alcohol tests receive training on the physical, behavioral, and performance indicators of probable drug use and alcohol misuse.

Applicants for employment in a DOT-covered position, employees transferring into covered position, and covered employees are required to participate in the City’s drug and alcohol testing program and submit to drug and alcohol testing as mandated by Federal regulations and as a condition of employment with the City. The DOT “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” prescribes the testing methods that will be used.

All DOT-covered employees will be subject to drug and alcohol testing as mandated and defined using the procedures set forth in 49 CFR Part 40 including:

Pre-employment.
Random.
Reasonable Suspicion.
Post-Accident.
Follow-up.
Return-to-Duty.
Negative Dilute Re-test.
Testing in compliance with the Federal mandate and procedures.

Pre-Employment Testing. A negative pre-employment drug test result is required before an employee can first perform safety-sensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions. If a DOT-covered employee has not performed a safety-sensitive function for 90 or more consecutive calendar days and has not been in the random testing pool during that time, the covered employee must take and pass a pre-employment test before they can return to a safety-sensitive function. A DOT-covered employee who has previously failed or refused a DOT pre-employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.

Random Testing. Random drug and alcohol tests are unannounced, unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed. Testing rates and selection will meet or exceed the minimum annual percentage set each year by the FTA and the FMCSA and will be made by a scientifically valid method ensuring each covered employee will have an equal chance of being tested in each selection period.

A DOT-covered employee may only be randomly tested for alcohol misuse just before, during, or just after performing safety sensitive functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty.

Reasonable Suspicion Testing. Reasonable suspicion testing is permissible when the City has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol abuse. Covered employees may be subject to reasonable suspicion alcohol testing just before, during, and just after the performance of a safety sensitive function. Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Reasonable suspicion referrals are made by a trained supervisor on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee. Positive test results for a covered employee are determined by the cutoff concentration standards as defined in 49 CFR Part 40.

Post-Accident Testing. A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain emergency medical care.

For CDL drivers operating commercial vehicles, the FMCSA requires the employee undergo testing as soon as practicable following an accident involving a commercial motor vehicle on a public road in commerce if the accident involved a human fatality and/or,

Involved the injury of any person requiring medical treatment away from the scene OR a vehicle has to be towed from the accident scene.

AND

The employee receives a citation within 8 hours (for alcohol) or 32 hours (for drugs) of the accident under State or local law for a moving violation arising from the accident.

Employees who are performing safety sensitive duties under the FTA, will undergo testing as soon as practicable following an accident of a public transit vehicle including the testing of any safety-sensitive employee whose performance could have contributed to the accident:

If the accident involved a human fatality.
If the accident involved the injury of any person requiring medical treatment away from the scene unless the covered employee can be completely discounted as a contributing factor to the accident.
If one or more vehicles incurs disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident.

Follow-up Testing. Covered employees returning to safety sensitive duty following leave for substance abuse rehabilitation will be required to undergo unannounced follow-up alcohol and/or drug testing for one to five years as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence as needed, and the type, number, and frequency of such follow-up testing shall be directed by the SAP. A covered employee may only be subject to follow-up alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be subject to follow-up drug testing anytime while on duty. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O.

Return-to-Duty Testing. Covered employees returning to safety-sensitive duties under the DOT after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by an SAP, complete an SAP-required program of education and treatment, and provide a negative return-to-duty drug and/or alcohol test result. Any return-to-duty drug testing will be directly observed. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O.

Negative Dilute Retest. In the case of a negative dilute urine sample result, the employee shall submit to one additional retest for confirmation. The result of the second test will be the test of record. Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation. All drug and alcohol testing will be conducted in accordance with 49 CFR Part 40 and in a manner that assures a high degree of accuracy and reliability by using the techniques, chain of custody procedures, and equipment and laboratory facilities that have been approved by the U.S. Department of Health and Human Services and the DOT. The City strictly adheres to all standards of confidentiality. Testing records and results will be released only to those authorized by DOT rules.

FMCSA Drug and Alcohol Clearinghouse

In compliance with Federal regulations, 49CFR 382.701-727, for covered employees under the FMCSA, the following personal information will be collected and maintained in the secure FMCSA Drug and Alcohol Clearinghouse:

Verified positive, adulterated, or substituted drug test result.
Alcohol confirmation test with a concentration of 0.04 or higher.
Refusal to submit to a required test.
The City’s report of actual knowledge of on-duty alcohol use, pre-duty alcohol use, alcohol use following an accident, and controlled substance use.
SAP report of successful completion of the Return-to-duty process.
Negative return-to-duty test results.
The City’s report of completion of follow-up testing.

Contractors for the City shall also be required to comply with any mandated controlled substances procedures for public improvement contracts.

FMCSA regulations require that all employers conduct a post offer limited query of the Federal Drug and Alcohol Clearinghouse to determine if there are open reported drug and/or alcohol issues associated with the driver. A driver with open issues reported in the Clearinghouse may not work in a DOT-defined safety sensitive position and any offer of employment may be rescinded. In order for the query to pull up further required information, the driver must be registered in the Clearinghouse and must give electronic consent to a full query in the event a record is found and reported.

FMCSA regulations also require an annual limited query of the Federal Drug and Alcohol Clearing House to determine if any information exists in the Clearinghouse about regulated employees. The City will obtain a consent via authorization and release to conduct this limited query. If a record exists, the City will remove that driver from their safety sensitive position and seek consent to view the full record available in the Clearinghouse. If a regulated employee refuses to grant consent to either the limited or full query they shall be removed from safety sensitive duties pending a full investigation and potentially be subject to discipline, up to and including termination..

Procedures

Employees selected and notified for drug and/or alcohol testing must report to the collection site immediately; all of the employee’s actions after notification must lead to an immediate specimen collection. Employees required to be tested under reasonable suspicion, fitness for duty, or post-accident testing will be transported for testing by another City employee. If an employee tests positive, the City will arrange for their transportation home.

Refusal to submit to a drug or alcohol test will be treated the same as if the employee had received a positive test result. An employee has refused to submit to a drug or alcohol test if the employee:

Refuses to take the test.
Fails to appear at the collection site within a reasonable time as determined by the City.
Fails to attempt to provide a breath or urine sample.
- Any employee who does not provide a specimen because they have left the testing site before the testing process has commenced for a pre-employment test has not refused to test.
Fails to remain at the testing site until the test is complete.
In the case of a directly-observed or monitored urine drug collection, fails to permit monitoring or observation of provision of a specimen.
Fails to provide a sufficient specimen or quantity of urine or breath with no medical evaluation to determine medical explanation.
Fails or refuses to take a second test as directed by the collector or the City,
Admits to the adulteration or substitution of a specimen to the collector or Medical Review Officer (MRO).
Possesses or wears a prosthetic or other device used to tamper with the collection process.
Fails to remain readily available following an accident without a valid reason before tests have been conducted.
Fails to undergo a medical evaluation as required by the MRO or Designated Employer Representative for drug and alcohol testing.
Refuses to sign the certification at Step 2 of the Alcohol Testing Form.
Fails to cooperate with any part of the testing process.

If the MRO reports that an employee has a verified adulterated or substituted test result, the employee has refused to take a drug test. Refusing to take a drug or alcohol test incurs the same consequences as testing positive

Employees who question the validity of the controlled substance test may request a retest of the split sample test within 72 hours of the results of the original test. Cost of the second test shall be borne by the City unless the employee chooses to utilize a different certified laboratory, in which case the cost shall be borne by the employee. Should the result of an alcohol screening test be .02 or greater, a confirmation test will be performed.

An employee who is required to submit to a random or follow-up drug test may be returned to duty immediately following specimen collection. An employee who is required to submit to a random alcohol test will return depending on the outcome of the breath alcohol testing. An employee who is required to submit to a reasonable suspicion, post-accident, or fit for duty test will not be permitted to Return-to-duty pending the receipt of a verified test result by the City.

An employee who has a verified positive drug and/or alcohol test result and/or refuses to be tested will immediately be removed from performance of duties until otherwise notified and may be subject to discipline up to and including termination. The employee will be advised of resources available, may be evaluated by an SAP, and may be placed on a Return-to-Work Agreement. An employee who fails to comply with the SAP recommendations or rehabilitative treatment, outpatient counseling, or the City’s signed Return-to-Work Agreement, which has been completed by both parties may be subject to discipline, up to and including termination.

Payment for rehabilitation services is the responsibility of the employee. Employees may use paid or unpaid leave during the rehabilitation program in compliance with City policy and both the Federal Family Medical Leave Act and the Oregon Family Leave Act.

If any provisions of this Policy conflict with the express terms of a collective bargaining agreement, Federal law and then the collective bargaining agreement shall take precedence. For additional information regarding this Policy or the City’s testing program, contact the Human Resources Director or designee.

Definitions

Controlled Substances: Any drug or substance, other than a legal prescription or nonprescription medication, that

a. May affect an employee's ability to work safely and effectively.

b. Is defined as a controlled substance under the Federal Controlled Substances Act.

c. Is a designer drug not approved for use by the United States Food and Drug Administration.

d. Is otherwise prohibited or restricted by State or Federal law.

Controlled substances include but are not limited to: narcotics, hallucinogens, stimulants, sedatives, marijuana, and prescription drugs that are not medically authorized or that are used inconsistently with the prescription.

Covered Employee - FMCSA: Employees, applicants, or transferees who are required to hold and use a Commercial Driver’s License (CDL). See Appendix A for a list of covered positions by job title.

Covered Employee – FTA: Employees, applicants, or transferees who are required to perform revenue service vehicle operation, control, dispatch, armed security, and/or maintenance in the mass transit industry. See Appendix A for a list of covered positions by job title.

Department of Transportation Safety Sensitive Functions: All time from the point the covered employee begins to work or is required to be ready to work until the time they are relieved from all work and from all responsibilities for performing work including time:

Operating or time at the controls of a commercial vehicle or a revenue service vehicle.
Controlling the movement or dispatch of a revenue service vehicle.
Maintaining a revenue service or commercial vehicle or equipment.
Carrying a firearm for security purposes.

Drug-Free Workplace: A workplace free from the unlawful manufacture, distribution, sale, dispensation, possession, or use of controlled substances, alcohol, prescription drugs, and/or drug paraphernalia while on City premises or while conducting City business.

Drug Paraphernalia: Equipment, products, and materials of any kind that are marketed, designed for use, or are used in connection with planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, selling, concealing, ingesting, injecting, or otherwise introducing into the body any controlled substance.

Prescription Medication: Medication for which an employee has a valid prescription in their name from a qualified medical care provider.

Safety Sensitive Position: Positions in which the employee has responsibilities where the immediacy of the threat posed by a potential drug- or alcohol-induced mistake or failure in performance of specific job duties would invoke such great risk to the health and safety of the employee, co-workers, or the public, that even a momentary lapse of attention, judgment, or reaction time could have disastrous consequences.

Trained Supervisor: A supervisor who has received training on alcohol and controlled substances abuse, including objective methods of detecting drug and alcohol abuse and intoxication.

Under the Influence: Any detectable level of alcohol or controlled substance in an employee's system or any perceptible impairment of the employee's mental or physical faculties as determined by one or more trained supervisors.

Review/Update

The Human Resources Director will update this Administrative Policy as needed and submit to the City Manager for review and approval.

Last reviewed: 04-2021

For More Information

City of Corvallis Administrative Procedures